Judgment reserved in MK Party expelled founder’s application

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Judgment has been reserved in the urgent application launched by expelled founder of the uMkhonto Wesizwe Party Jabulani Khumalo.

Counsel representing former President Jacob Zuma and the MK Party argued that the urgent application brought by Khumalo does not meet the statutory requirements to bring the matter on an urgent basis.

However, there are requirements that parties must meet in an urgent application. Among them is that the applicant must convince the court that there is a legal right that needs to be protected, that they will suffer irreparable harm should the court not intervene in the matter and that no alternative legal remedies exist.

Advocate Philisiwe May argued that Khumalo did not meet these requirements. She argues that the resignation letter was submitted on 9 April.

The Electoral Commission (IEC) then effected the changes upon instruction the following day. However, she adds, Khumalo only brought the application before the court five weeks later.

“The applicants accept that the elections have nothing to do with this matter. However, they plead as follows, “the national and provincial elections are scheduled to take place on 29 May 2024. I intend to take decisions around MKP’s election campaigns and matters related prior to that election date. As a result, it is important for this application to be heard before 29 May 2024. If this application is not heard before that date, I will not obtain substantial redress at a hearing in due course. So, if this has nothing to do with the elections, why are we here?

Court proceedings: